Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1887-09-08

comparatively useless, they are none the les
monuments TO the industry and ability O
the gentlemen who were engaged in theil
preparation.
"In this connection, il will not be out Of
place to notice collection of the statutes Of
a more permanent character. In 1S33-1835
subsequently Chief Justice) Chase prepared
an edition of the statute. 1t included the
territorial laws. whether adopted by the gov
ernor and Judges, or enacted by the territor.
ial legislatures, and the statutes down to and
including those of 1893. This embraced
seven volumes of territorial laws, and thirty
volumes of the statutes of the state, and the
whole was republished in chronological or
der in three volumes. The work was con-
tinued, on substantially the same plan, by
Maskell E. Curwen, who republished, IN -four
volumes, the general laws from 1884 to 1860
inclusive. Since the death of Mr.. Curwen,
the work has been continued by ]. R. Sayler,
who has republished, in four volumes, the
general laws from 1861 to 1876, inclusive.
SIT will thus be seen that the statutes OF
Chase, Curwen, and Sayler-all admirably
edited-are a republication of all the general
laws adopted or enacted under the territorial
and state governments from 1888 to 1875, in
elusive, in the order Of the original publi-
cation. While only very small number OF
the statutes which these volumes contain re-
mains in force, the remarks of Judge Chase,
with respect to them, in his first volume, are
entirely just. "Msny questions of right and
remedy" said he, "depend upon the provis-
ions of repealed statutes. In refrence to
such questions, the examination of the whole
series of laws affecting them, is a matter of
absolute necessity. In addition to this, a
knowledge of the acts repealed is often es-
sential to correct understanding of the
law in force. No lawyer, nor intelligent leg
islator, ought to be satisfied with knowing
the law has been."
Recurring to the subject of codifcation,
it is evident that it had engaged the attention
of the people, to some extent, previous to
the adoption of the present constitution.
Provision was made in that instrument for a
commission; and it was ordained that "said
commissioners shall revise, reform, simp lify
and abridge the practice, pleadings, forms,
and proceedings of the courts of record of
this state; and as far as practicable and ex-
pedient, shall provide for the abolition of
the distinct forms of actions at law, now in
use, and for the administration of justice by
uniform mode of proceeding, without ref
erence to any distinction between law and
equity" .... =.
SIN obedience to that provision. an act
was passed, and William Kennon, William s.
Groesbeck, and Daniel o. Morton were ap-
pointed commissioners. They confined their
labors to the subject of practice in civil cases,
and reported what was known as the code of
civil procedure, to the fftieth general assem-
bly,, and that body, on March II, 1853, adopt
ed it. Though
somewhat changed in language and arrange
ment, the principal part of it remains SUBJ
stantially as it was reported by those COM
missioners. - -
"With the growth of the state in popula-
ton and wealth, the annual volumes of the
general laws increased in size until the stat
utes of a general nature, in force, exceed two
thousand in number. The subject of codi-
fcation then began to attract attention here
as in other places. In 1869, bill prepared
by Senators Charles H. Scribner, Daniel B.
Linn, and Homer Everett, codifying the
statutes in relation to municipal corpora
tions, became a law. as did also bill en-
bodying code of criminal procedure, which
had been prepared by Senator Frank II.
Hurd. The subject was further agitated,
and finally, 1874, Representative George W.
Boyce, of Hamilton county introduced bill
providing for such codifcation. Subse-
quently, Senator Lucian G. Jones, of Trum
bull, of Trumbull county, introduced bill
on the same subject, which, on March 37th,
1876, became law. [72v.s7.] The follow
ing are its leading features:
"The governor was required, by and with
the advice and consent of the senate, to ap-
point three competent commissioners to re-
wise and consolidate the general statutes of
the state, and he was authorized to fill any
vacancy in the commission.
"In performing the duty, the commission
ers were required to bring together all the
statutes and parts of statutes relating to the
same matter. emitting redundant and obso-
lete enactments, and such as had no intiu-
ence on existing rights or remedies. and
making alterations to reconcile contradic-
tions, supply omissions, and amend imper-
fections in the original acts, so as to reduce
the general statutes into as concise and
form as might be consis-
tent with clear expression of the will of the
general assembly, rejecting all equivocal and
ambiguous words, and circuitous and tauto-
LOGICAL phraseology.
''They were required to arrange the stat
utes under suitable titles, divisions, subdivis-
ions, chapters, aud sections, with head notes
briefly expressive of the matter contained
therein, with marginal notes of the contents
of each section, with reference to the origin
al act from which it was compiled, and foot
notes of the decisions of the supreme court
upon the same; and they were required to re-
port the whole, in print, to the general as
sembly, for its adoption.
"On the day of the passage of the bill,
Governor Allen appointed, and the senate
unanimously confirmed, Michael A. Daugh-
erty, Luther Day, and John~W. Okey, as the
commissioners. Commissions were issued
to them on that day, and Immediately there
IL Aloss I,,As Ind